Full text of Starr motion on Lewinsky cooperation

January 23, 1999
Web posted at: 6:10 p.m. EDT (1810 GMT)

Text of motion by Independent Counsel Kenneth Starr to compel
Monica Lewinsky to be debriefed by House managers:

The United States of America, by Kenneth W. Starr, Independent
Counsel, respectfully submits this motion for an order requiring
Ms. Lewinsky to comply with the terms of her Immunity Agreement
(the "Agreement") with the Office of the Independent Counsel
("OIC"). Ms. Lewinsky has refused an OIC request that she be
debriefed by the House of Representatives, as required by the
Agreement. The United States respectfully requests that this Court
order Ms. Lewinsky to comply with the Agreement by allowing herself
to be debriefed.

I. FACTUAL BACKGROUND

As this Court is no doubt aware, the United States Senate is
currently conducting an impeachment trial of the president of the
United States. According to public reports, it is expected that the
House will be required to submit to the Senate its motion to
witnesses as early as Monday, Jan. 25. Again according to public
reports, some potential witnesses have spoken with the House
managers as the managers attempt to determine which witnesses
should be mentioned in their motion to the Senate.

On Jan. 21, 1999, House Judiciary Committee Chairman Henry J.
Hyde, on behalf of the House of Representatives, as represented by
its duly-appointed Managers, asked for the OIC's assistance in
having Ms. Lewinsky debriefed by the House. The House stressed that
it needs this debriefing to occur no later than Sunday, Jan. 24.

That same day, the OIC sent a letter to Ms. Lewinsky's counsel
requesting that Ms. Lewinsky allow herself to be debriefed by the
House managers. At approximately 1:20 p.m. this afternoon, Ms.
Lewinsky informed the OIC that she does not intend to comply with
this request.

II. THE IMMUNITY AGREEMENT PLAINLY REQUIRES MS. LEWINSKY TO BE
DEBRIEFED BY ANY INSTITUTION THAT THE OIC SPECIFIES.

Ms. Lewinsky will be fully debriefed concerning her knowledge of
and participation in any activities within the OIC's jurisdiction.
This debriefing will be conducted by the OIC, including attorneys,
law enforcement agents, and representatives of any other
institutions as the OIC may require. Ms. Lewinsky will make herself
available for any interviews upon reasonable request.

By the plain terms of the Agreement, Ms. Lewinsky has agreed to
be debriefed by representatives of any institution, when so
required by the OIC. She is also required to "make herself
available for any interviews upon reasonable request." The duly
appointed House Managers represent the House of Representatives,
which plainly is an institution. The OIC has unambiguously
requested that Ms. Lewinsky submit to such debriefing.

Accordingly, Ms. Lewinsky must allow herself to be debriefed by
the House Managers or she will have violated the Agreement.

To be sure, Ms. Lewinsky has the right to have her "debriefing
. . . conducted by the OIC." The OIC, of course, is fully willing
to conduct these debriefings, if Ms. Lewinsky so desires. The
suggestion in her counsel's letter that this provision is void if
the OIC is "acting as an agent for others," is contrary to the
Agreement, as there is no such limitation on Ms. Lewinsky's duties.
A party to an agreement may not invent clauses to a contract that
are not contained therein.

In any event, the OIC is not acting as an agent for the House
Managers. The OIC has its own, continuing duty to provide the House
with information relating to impeachment.

Ms. Lewinsky's counsel's other suggestion that a debriefing
would be contrary to Senate rules is equally without merit.
Senate Resolution 16 states, in relevant part:

"If the Senate agrees to allow either the House or the
President to call witnesses, the witnesses shall first be deposed
and the Senate shall decide after deposition which witnesses shall
testify, pursuant to the impeachment rules."

Although it is plain that depositions may not be conducted
absent a vote of the Senate, nothing in this resolution restricts
the ability of the House to debrief witnesses in a non-deposition
setting. Indeed, it would be strange for the Senate to prohibit the
House and the President from doing the investigation necessary to
determine whether they wish to call witnesses and which witnesses
to list in their motions.

III. THIS COURT SHOULD GRANT AN ORDER REQUIRING MS. LEWINSKY TO
COMPLY WITH THE IMMUNITY AGREEMENT OR FORFEIT ITS PROTECTION.

Under the Agreement, this Court has the authority to determine
whether Ms. Lewinsky has "violated any provision of this
Agreement." A declaratory judgment will ordinarily be granted only
when it will either serve a useful purpose in clarifying the legal
relations in issue or terminate and afford relief from the
uncertainty, insecurity, and controversy giving rise to the
proceeding." In this case, a declaratory judgment will resolve the
uncertainty arising from this controversy between the OIC and Ms.
Lewinsky by settling whether she has the right to refuse to be
debriefed without forfeiting the protections of the Agreement.

Indeed, declaratory judgment is a common remedy when a party to
a contract intends conduct that may be a breach.: "(A) party to a
contract is not compelled to wait until he has committed an act
which the other party asserts will constitute a breach, but may
seek relief by declaratory judgment and have the controversy
adjudicated in order that he may avoid the risk of damages or other
untoward consequence." Accordingly, this Court has the power to
issue a declaratory judgment before Ms. Lewinsky's actions become
irreversible.

IV. CONCLUSION

The Immunity Agreement plainly requires that Ms. Lewinsky allow
herself to be debriefed by any institution at the request of the
OIC. Ms. Lewinsky has the right to insist that the OIC conduct the
debriefing, but she must comply with the plain terms of the
Immunity Agreement. Accordingly, the United States respectfully
requests that this Court enter an order requiring Ms. Lewinsky to
submit to debriefing by the House.

The Senate's schedule requires the House to submit its motion to
call witnesses as early as Monday, and the House has stressed its
need to debrief Ms. Lewinsky this weekend. Accordingly, the United
States respectfully requests that this Court act on this motion as
an emergency matter. Specifically, we request a hearing on this
matter today.